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august 2000

Supreme Court of India · 2000-08-22

JAGDAMBA PRASAD SHUKLA vs STATE OF U.P. .

Citation / case number
SC 1998/10839
Court
Supreme Court of India
Petitioner
JAGDAMBA PRASAD SHUKLA
Respondent
STATE OF U.P. .
Author
S.P. Bharucha,Y K Sabharwal
Bench
S.P. Bharucha,J.,Y K Sabharwal,J.

Judgment text excerpt

The Supreme Court held that the appellant's removal from service was vitiated due to the denial of reasonable opportunity to participate in the departmental enquiry, as he was not paid subsistence allowance during suspension, violating principles of natural justice. The Court found that the High Court erred in stating that the appellant did not raise this issue in earlier proceedings. The Court set aside the High Court's decision and directed reinstatement, emphasizing the necessity of fair procedure under Article 14 and Article 21 of the Constitution.

JAGDAMBA PRASAD SHUKLA vs STATE OF U.P. . · Niyam